“In any case, it should be clear by now that most if not all of the moral degeneration and cultural rot-the signs of decivilization- all around us are the inescapable and unavoidable results of the welfare state and its institutions.”-Hans-Hermann Hoppe, “Democracy, the God That Failed”, p. 195-197
First of all, what is referred to as the ‘Welfare’ State is nothing of the sort. What exists is a state of slow suicide for civilization, and lately it has been accelerating. Dignity, Freedom, Responsibility and Voluntary Charity (Human Action, for short) will provide a solution to the problems the ‘Welfare’ state claims to address.
The following proposal addresses the Current Legal System and its relation to the Family. Particular attention is paid to the issues of Abortion, Adoption, Foster Care, Divorce, Child Custody and the misnamed ‘Welfare’ State. Human Action becomes the basis of improvement.
“For generations, Americans have lived under a judicial dictatorship that rubber stamps all expansions of federal power, no matter how at odds with they may be with the constitution itself. The body of “constitutional law” that has developed during this time is nothing more than a bundle of tongue-twisting legalese designed to subvert and destroy any lasting vestiges of constitutional limitations on the power of the central state.”-Thomas DiLorenzo, “Organized Crime”, p.103
1. Abortion
The pro-life movement spent a lot of time attempting to bring a case to the Supreme Court which would lead to Roe. vs. Wade being overturned, and thought they had such a case in 1992 with Casey vs. Planned Parenthood. The Supreme Court went out of its way to make sure this strategy was not a success.
Joseph Sobran described the 1992 Casey vs. Planned Parenthood decision as “the Supreme Court setting aside the arguments of the two particulars in the case, declaring itself a third party to the dispute, and ruling in its own favor”.
As a result, there was no honest debate occurring in this country regarding the abortion issue, and appealing to the Supreme Court was a waste of time.
Regulating abortion is not an enumerated power of the national government. Therefore, Roe vs. Wade was always blatantly unconstitutional.
At the time of Roe vs. Wade, all fifty states had accepted their responsibility in this matter, and all had laws regulating abortion.
Although state nullification of Roe vs. Wade could have been the proper action to take, it was not necessary and could have been counter-productive.
A POTENTIALLY
WELCOME CHANGE
A leaked draft of the decision in the case of “Dobbs vs. Jackson Women’s Health Organization” claimed Roe vs. Wade would be overturned after close to 50 years as ‘the law of the land” and over 62 million abortions performed in this country alone.
The leak provided an excuse for the same dishonesty regarding the abortion issue to re-assert itself, including loud and large protests that disregard the real issues involved.
(The fact that no one has been fired for leaking this draft raises additional questions.)
Now that the Supreme Court actually has overturned Roe vs. Wade (and the 1992 Casey vs. Planned Parenthood decision), there is a possibility it will return to its proper role. There are many other unconstitutional actions that it has endorsed. A good example can be found in the fact that at least 75% of national government spending is unconstitutional.
Meanwhile, we should address the real issues regarding abortion, family, and the ‘welfare state’ now that Roe vs. Wade has been overturned.
The proper answer to the issues of abortion, families, and the “Welfare” state can now be found by addressing the issue of personal responsibility. This will lead to a drastic reduction in the number of abortions performed in the states where it remains legal, a strengthening of the extended family, and also lead to a massive reduction in the size of the misnamed ‘welfare’ state.
2. Abortion, Adoption,
and Arithmetic
Arithmetic shows the size of the problem. There had been roughly a million abortions performed in the U.S. each year. On the bright side, the number had been declining slightly. However, over 62 million abortions have been performed in this country since Roe vs. Wade is a sign of how far this country and civilization has deteriorated. The Abortion issue, and related family and personal responsibility issues, are something many people wish to avoid but something that must be addressed.
Numerous American couples have also been resorting to adopting children from foreign countries. It is extremely odd that there are many couples who find adoptions from foreign countries to be cheaper and less of a hassle than adopting an American.
3. Reform and Replacement of the Current Foster Care System
The Current Foster Care System is often little more than taxpayer-funded warehousing. Children are often shuffled around to assorted homes of unrelated people, usually to their detriment. A solution can be found by making a change to foster care systems across the country by addressing the issue of parental responsibility.
The key to the reform is this:
THE CONSENT OF BOTH PARENTS OF THE CHILD WOULD BE REQUIRED IN THIS PROPOSAL.
In place of the current system, a married couple, preferably but not required to be related to one of the parents, would agree to raise the child to the age of 17 only.
As far as visitation rights of the natural parents before the child reaches age 17, they would have the right to visit their child on his/her birthday only.
Anything more would require the consent of the foster parents, who would be the child’s legal guardians until the age of 17.
Any living arrangement after this time would be based on consent of the involved parties.
This proposal would be equally effective in addressing the issue of children born out of wedlock, and children of divorce. (The issue of Divorce is addressed later.)
This will actually be a modernized version of the Celtic version of Fosterage.
The Celts believed adulthood to begin at age 17, and I agree with them.
I am not sure if the U.S. government believes there is a concept known as adulthood, but if they do, the policies they promote show they are opposed to it.
A brief description of
Celtic Fosterage:
I’ve seen two different descriptions. Either all children or some children spent some time living with another family between the ages of 7 and 17. The result was that the closest bond in Celtic society was the bond between foster brothers (and foster sisters.)
Contrast that with the United States, where foster children are outcasts.
4. Challenging the basis of the “Welfare” State
The Free Market eliminates the negative intervention of the political establishment and replaces it with Human Action.
Ludwig Von Mises summed up the issue facing us over his entire career, and in “Human Action” he provided the foundation for the replacement of the ‘welfare’ state:
“Within the frame of social cooperation there can emerge between members of society feelings of sympathy and friendship and a sense of belonging together. These feelings are the source of man’s most delightful and sublime experiences. They are the most precious adornment of life; they lift the animal species man to the heights of a really human existence.”- Ludwig Von Mises,”Human Action”, p. 144
4A. Taxation and Responsibility of Natural Parents, Payment of Foster Parents, Human Action and Eliminating a Portion of the Income Tax
Addressing one of the worst aspects of the ‘welfare’ state, there would be no welfare payments made to anyone who chooses to have a child out of wedlock and become a ‘single parent’. If this is their choice, they are personally responsible for providing for the child, not the taxpayers.
THIS DOES NOT APPLY TO CURRENT RECIPIENTS, WHO ARE A SUNK COST.
They are addressed below in section #8.”Sunk Cost and Current ‘Welfare’ Recipients”
(Children of Divorce can be easily accommodated by this system, and this is addressed in section #7C.”Child Custody and Divorce.”)
10% of the weekly income of both natural parents would be deducted weekly before taxes, and paid to the Foster Parents until the child reaches age 17. This income by the Foster Parents would be Free of the Income Tax.
Example: Natural parent makes $600 in a week. $60 dollars of this ($60) is deducted and given to the foster parents. Taxable Income for the parent for the week would be $540. ($600-$60= $540)
If the natural parent made $400 the next week, $40 dollars would be deducted and paid to the foster parents. Taxable income for the week would be $360. ($400-$40=$360)
If the natural parent made Zero the next week, payment to the foster parents and taxable income for the natural parent would both be Zero for the week.
5. Actions Outside the Scope of the Income Tax
Any other person would also be allowed to give any amount of money to the Foster Parents, and it would be free of the Income tax for the Foster Parents. It would not count as an Income Tax charitable deduction for the giver, and there will be no government record of this action. It is simply an example of positive Human Action occurring outside the ‘government’ system.
6. More Human Action
Humans tend to love their children, and have a strong desire to provide for them. This is not always financially possible. The 10% mentioned above is a minimum. More is allowed. Factors such as gratitude and personal responsibility would be a positive influence on the natural parents. They would have a lot to be grateful for, and would probably find a way to show it.
Also, any foster child in this situation would have up to 4 sets of grandparents, who also tend to love children.
Many domestic policies of the U.S. government encourage a slow suicide and actively oppose the use of Freedom, Responsibility and Human Action to solve problems. The individual, family and extended family are often targets. This proposal will limit or end one of the worst U.S. domestic policies.
Instead of having income taxed for a ‘welfare’ state which takes money from all and hands it in an impersonal way to people who may or may not deserve it, people who utilize the Foster Care System outlined above would be taking personal responsibility for the child of a friend, relative, or fellow human being.
Another major improvement is that natural parents will not be abandoning their children.
7. Child Custody and Divorce
The current U.S. judicial system (and many state systems) allows too many people to make an excellent living by parasitically feeding on the misery of someone else. An example is the way Child Custody is handled in Divorce cases.
For example, the way child custody is handled in many states is a complete disgrace where the children are used as bargaining chips. The following idea, already in use in some areas, would eliminate or limit that problem.
7A. The 50/50 Child Custody and Assets/Liability Default Position
Divorcing parents would be given a certain amount of time (one month, for example) to arrange a consensual child custody agreement. If they failed to do so, an exact 50/50 split would be imposed.
This would lead to a dramatic reduction in the amount of time it would take to settle a divorce.
A 50/50 split of Assets and Liabilities accumulated during the marriage would also be the default position in the absence of a Pre-Nuptial Agreement.
7B. Divorce
and Child Support Agreements
Ideally, this would be handled privately, and through pre-nuptial agreements. This is particularly important since it often happens that one spouse is making all or most of the family’s money while the other watches the children.
In the absence of a pre-nuptial agreement, here are two important aspects to be addressed by the default position:
1. Any support agreement imposed by the court would be based on a percentage of income, not an absolute number. Basing this on a percentage means the agreement is more likely to arrive at a fair solution.
Judges often pick a number out of the sky based on someone’s current income. If their income goes down, it becomes unaffordable. The American system then declares this parent a ‘deadbeat’, and either puts them in jail or starves them.
2. Any agreement can be reviewed every 3 years until the youngest child is 17.
Either party can request this, but BOTH PARTIES MUST AGREE TO A CHANGE.
7C. Applying Celtic Fosterage
to Child Custody
The Foster Care system outline above can easily accommodate children of divorce. The natural parents would have to agree on the choice of Foster Parents, who would become Legal Guardians of the Children until age 17. All other terms outlined in Sections #4 and #5 would apply.
7D. Other Issue:
“Common Law Marriage”
There is no such thing as “Common Law Marriage”. Marriage requires the consent of both parties. Any couple that wanted to get married could go before a Justice of the Peace and be married in about two minutes.
If two people live together, for any period of time, and do not take this step, there has been no mutual consent. Their relationship exists outside the laws of the state.
8. Sunk Cost and
Current ‘Welfare’ Recipients
“It may be more noble to give than to receive, but the difficult thing is to give properly.”-Friedrich Nietzsche
Current Recipients are a Sunk Cost, and there is no need to cut or increase their payment. It is important, however, not to add to the current number of recipients. It is also important to give current recipients a way to improve their situation through their own actions.
Anyone currently eligible for ‘welfare’ assistance will immediately become free of the Income Tax on any additional money they earn. This exemption from the Income Tax can be of limited duration, or longer.
Two possible choices would be Income Tax Exemption for 3 years, or extended up to and including the rest of their life.
Most will work at least some of the time at some job, and also discover they have friends and family who are available and willing to help them with things like child care while they are at work. The result will be stronger families, and a much better example being given to their children.
There are other benefits which will accrue. Henry Hazlitt spoke of ‘the noble dignity of labor’, and this will go a long way toward restoring it. It also is a step toward reducing and/or eliminating the Income tax for everyone else.
Lump Sum Payments
There is an old saying that gives the excellent advice “Don’t cripple someone and then criticize the way they walk”.
Current Recipients should receive lump sum payments, and be allowed to spend the money as they please. They should not be degraded by allowing government bureaucrats to micro-manage their existence, or insult them on every decision they make, no matter how trivial. (When I walk through a supermarket I notice that only some items are ‘wic allowed’….)
A person who is poor either short or long term should be allowed to retain their dignity. Private Charity, which is based on Human Action, has always been able to accomplish this easily.
9. Abortion
Once we begin moving in the right direction on the issue of “Replacing the ‘Welfare’ State with Human Action”, there are other issues to be addressed which follow logically. This brings us back to the issue of Abortion.
A. End Taxpayer Funding
of Abortion
Regulating abortion is not an enumerated power of the national government. National taxpayer funding of abortion should never have occurred, and should be ended immediately.
States are permitted to have the taxpayers subsidize abortion, but they should not.
B. Liberty of Conscience for All
There are only 3 acceptable justifications for abortion.
The first is to save the life of the mother in a difficult pregnancy. This is the mother’s choice. Some will decide the risk of death is acceptable in order to bring a new life to the world, some will not. However, there is little doubt that the most important person in the life of a child for at least its first 5 years is the mother.
The other two acceptable justifications for abortion are in cases of rape and incest. Both involve the abuse of the woman, and this is more likely to continue if they are required to give birth in these cases.
All 3 justifications have one thing in common. All 3 justifications involve sacrificing yourself for another person. Sacrificing yourself on behalf of another person is something that a person can CHOOSE to do, but from a moral standpoint, this choice cannot be forced upon them.
C. Liberty of Conscience
for Providers
Providers should be allowed to opt-out of all or most abortions if their conscience dictates this. They should be given the following choices:
1. Refuse to participate in any abortion for any reason.
2. Agree to participate only if the woman seeking an abortion and her doctor sign a statement declaring the abortion is sought either to save the life of the mother, or that it is a case of rape or incest.
The statement WOULD NOT have to say which of the 3 justifications were involved, and there would be no investigation of its factual basis. The word of the woman and doctor involved would be accepted, and regulated only by their conscience.
Also, their statement WOULD NOT be taken as proof in a court of law regarding a charge of rape or incest. They would have to provide additional proof in a court case.
The third choice available to providers will be to state that they would be willing to participate in any abortion for any reason.
10. Conclusion
As stated at the beginning of this proposal, the problems caused by the ‘welfare’ state and related issues are reduced and/or eliminated by focusing on personal responsibility instead of court rulings.
The family, extended family, and community will be strengthened, and a person’s conscience will allow them to make the correct decision.
This will in turn lead to Human Action replacing the destructive slow suicide for civilization known as the ‘Welfare’ State.
“No one can find a safe way out for himself if society is sweeping towards destruction. Therefore everyone, in his own interests, must thrust himself vigorously into the intellectual battle. None can stand aside with unconcern; the interests of everyone hang on the result. Whether he chooses or not, every man is drawn into the great historical struggle, the decisive battle into which our epoch has plunged us”.- Ludwig von Mises
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See “Family Flourishing and State Denigration”-Samuel Peterson